HomeMy Public PortalAboutCity Council_Minutes_1963-05-27_Regular 1963 (9)C I T Y C O U N C I L
CITY OF TEMPLE CITY
TEMPLE CITY CALIFORNIA
MAY 27, 1963
1. iNiTIAT1O'i: The regular meeting of the City Council was called
to order by Mayor Nunamaker at 7:30 P. M. In the absence of
Rabbi Angel of the Temple Beth David, Mayor Nunamaker gave the
2. invocation.
3. The Mayor then led the Pledge of Allegiance to the Flag.
4. ROLL CALL:
PRESENT: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell,
Nunamaker
ABSENT: Councilmen -None
ALSO PRESENT: City Attorney Shatford & City Manager Woollett
5, APPROVAL OF MINUTES:
Councilman Fitzjohn moved to approve the minutes of the regular
meeting of May 13 1963, as mailed, Councilman Merritt seconded,
carried by the following roll call vote:
AYES: Councilmen - Fitzjohn, Merritt, Nunamaker
Tyrell approved For the part of the metting
he was present
NOES: Councilmen -none
ABSTAIN U G: Councilman Dickason, who was absent
UNFINISHED BUSINESS;
6. ORDINANCE NO, 63.106: 2nd reading. City Attorney Shatford read
title to Ordinance No. 63 -106 AN ORDINANCE OF THE CITY OF TEMPLE
CiTY ADDING SECTIONS 4274 AND 4275 TO THE TEMPLE CITY MUNICIPAL
CODE TO REQUIRE ADHERENCE TO STANDARDS FOR RECRUITMENT AND TRAIN-
ING OF POLICE OFFICERS AS ESTABLISHED BY THE CALIFORNIA COMMIS=
SION ON PEACE OFFICERS STANDARDS AA) TRAINING. Councilman Tyrel
moved to waive further reading of Ordinance No. 63 -106, Council-
man Fitzjohn, roll call vote to carry as follows:
AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell,Nunamaker
NOES: Councilmen -None
ABSENT: Councilmen -None
Councilman Tyrell moved to adopt Ordinance No. 63 -106, Council -
man- Fitzjohn seconded, carried by the following roll call vote:
AYES: Councilmen-Dickason, Fitzjohn, Merritt, Tyrell,Nunamaker
NOES: Councilmen -None
ABSENT: Councilmen -None
7. ORDINANCE NO, 63 -107: 2nd-reading, City Attorney Shatford read
title to Ordinance No. 63 -107 AN ORDINANCE PROVIDING REGULATIONS
FOR THE DIVISION OF LAND iN THE CITY OF TEMPLE CITY, CALIFORNIA,
AND FOR THE PREPARATION AND PRESENTATION OF MAPS THEREOF, AND
PRESCRIBING PENALTIES FOR ITS VIOLATION. Councilman Fitzjohn
moved to waive further reading of Ordinance No. 63 -107, Council-
man Dickason seconded, carried by the following roll call vote
AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell,Nunamaker
NOES: Councilmen -Bone
ABSENT: Councilmen -None
Councilman Merritt moved to adopt Ordinance No. 63 -107 Council.
man Tyrell seconded, carried by the following roll call vote:
AYES: Councilmen• - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker
NOES: Councilmen -None
ABSENT: Councilmen -None
NEW BUSINESS:
8, PRESENTATION OF CERTIFICATE OF RECOGNITION: At this time the
Mayor requested William C. Pursley to come forward and commended
him for his services as a Planning Commissioner since incorpora-
tion, ynd during which time he served as Chairman of the Plannin
Commission until a year ago. The Mayor then presented Mr. Pur-
sley with a Certificate of Recognition from the City Council of
457
Council Minutes, May 27, 1963, page 2
the City of Temple City. The Council accepted Mr. Pursley's
resignation with regret but due to his residence having been
established outside of the City he was not eligible to continue
on the Commission.
Mayor Nunamaker stated this vacancy had to be filled and the
Council had authorized him to appoint Mr. Norman A. Erickson
of 5422 Cambury, Temple City. At this time he requested Mr.
Erickson to come forward and City Manager Woollett gave him
the Oath of Office swearing him in as a Planning Commissioner,
following which he was congratulated by the Council and welcom-
ed as a member of the City staff.
9. PRESENTATION OF PROPOSED 1963 -64 BUDGET:
The City Manager at this time presented the proposed 1963 -64
Budget for the City and recommended a date be set for the
first public hearing on the budget. Foliowing discussion it
was agreed to adjourn this meeting to Friday, May 31, 1963,
at 7:30 P. M. The Manager stated the recommended budget shows
revenues of $961,915. and appropriations recommendation of
$823,158. If accepted it would result in a fund balance for
1963 -64 year of $452,807.
10. PUBLIC HEARING: 8 :00 P. M.: CURB & GUTTER:south side of Longden
from Loma to Encinita, and south side of Freer from Daleview
to Farago.
The City Manager first considered the south side of Longden from
Loma to Encinata and advised the total footage involved is 404
ft., and the petition represented 308 ft. or 76.2 %. Mayor
Nunamaker opened the Public Hearing and asked if anyone wished
to speak for or aginst this installation.
Mr. Wayne Stewart, 9220 E. Longden Ave., came forward and stated
he was not protesting the installation, but requesting the Coun-
cil before action to consider the alignment from Encinita which
is a hazardous reverse curve.
Foliowing considerable discussion the City Manager advised any
decision made tonight will not effect the curb and gutter design
as it is up to the engineers to design the placement of curb and
gutter, and if the Council feels it should go in instruction
may be given to the staff to see proper consideration is given
in trying to straighten out this problem.
Councilman Tyrell moved to close the Public Hearing, Councilman
Fitzjohn seconded, carried by the following roll call vote:
AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker
NOES: Councilmen -None
ABSENT: Councilmen -None.
There followed a discussion by the Councilmen regarding the
alignment of this street, amount of right of way existing, and
the best solution to this hazardous condition. Councilman Tyrel:
moved to find the curb and gutter installation in the public
interest and to instruct the Supt. of Streets to cause the work
to be done with the engineering of plans and specifications to
consider the street alignment and taken care of by the engineer
and Traffic Commission, Councilman Merritt seconded, roll call
vote to carry as follows:
AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker
NOES: Councilmen -None
ABSENT: Councilmen -None
The Council then considered the south side of Freer St. from
Daleview to Farago. The City Manager advised the total footage
is 343 ft. and the petition is signed by 100% of the property
owners. Mayor Nunamaker declared the Public Hearing opened and
asked if anyone wished to speak for or against the installation.
No one came forward. Councilman Tyreil moved to close the Public
Hearing, Councilman Fitzjohn seconded, carried by following vote:
AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker
NOES: Councilmen -None
ABSENT: Councilmen -None
Councilman Tyrell moved to find the project in the public inter-
est and to instruct the Supt. of Streets to cause the work to
be done. Councilman Dickason seconded, carried by following
458
Council Minutes, May 27, 1963, page 3
vote:
AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker
NOES: Councilmen,None
ABSENT: Councilmen -None
1 1 . SET PUBLIC HEARINGS FOR CURB & GUTTER ON THE FOLLO',! I '!G:
a. west side of Pal Mal, Olive to Freer
b. north side of Grand Ave., Persimmon to McClintock
c. north side of Grand Ave., McClintock to Daleview
d. north side of Olive St., Loma to Sultana
Councilman Tyrell moved to set a Public Hearing for the above
petitions for June 10, 1963, at 8 :00 P. M., Councilman Merritt
seconded, roll call vote to carry as follows:
AYES: Councilmen- Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker
NOES: Councilmen -None
ABSENT: Councilmen -None
12. PUBLIC HEARING: 8 :15 P. M. APPEAL ZONE VARIANCE CASE NO. 63 -45
at 9441 EAST BROADWAY.
Planning Advisor Cushman advised the applicant H. F. Gubler,
conducts retail and wholesale business in sale of orchid plants
and supplies in the area now zoned RA 5000, and he proposes a
new office and salesroom of some 840 sq. ft. which would replace
the existing building, 20 ft. driveway provides access to the
greenhouses, the lot on Broadway is 50 ft. wide with depth of
290 ft. Broadway is a 60 ft. right of way. There are churches
and a school area and single family dwellings.
Mayor Nunamaker declared the Public Hearing open and asked if
anyone wished to speak in favor of the request. Mr. Geo.
Percovitch, attorney for the applicant, advised this operation
has been in existence since 1949, with no change, and the appli-
cant purchased the business in 1953. The retail sales amount
to less than 20% of the business, the walk -in trade negligible,
the large trucks delivering there about six times per year.
There are only two employees on the premises and he is desirous
of centralizing the office space. A schematic plan of the pro-
posed building with plantings and fountains in front was sub-
mitted to indicate the aesthetic appearance of the improvement.
Mr. Hans Gubler also spoke favoring his request advising he
would be maintaining the same activity he now has. There is no
construction carried on there. The sample green house in front
is display only and orders are taken on a commission basis for
the manufacturer. Mr. Norris Powell, prior owner who sold the
business to Mr. Gubler and now conducts the same kind of business:
in San Luis Obispo, stated he was in business there from 1949
to 1953, the buildings were built under county restrictions,
and could remain 10 yrs. or more with proper upkeep.
L. A. Walters, 9422 Broadway, owns property facing the premises
in questio; consisting of three houses and he is very much in
favor of the improvement. The City Manager Advised Roy Townsend
who lives adjacent to the Gubler property also had stated by
telephone that he was in favor of the improvement.
The Mayor then asked if anyone wishes to speak against this
request. Mr. Stephen Winiecke, 5600 Heleo, stated his property
adjoins this property to the rear and he objects to the opera-
tion in the area and the trucks delivering there as well as to
the pile of redwood shavings for planting piled on the rear of
the nursery lot.
City Attorney Shatford advised the protestants regarding the
nature of these proceedings, and informed them as follows:
"This Hearing has nothing to do with the use he enjoys. He is
entitled to continue that use.-. The question here is that being
a variance for use in a non - conforming zone when any changes in
structure are to be made it must come before the Planning Com-
mission and Council. The only thing involved here is the re-
moval of the present building and a new building for office pur-
poses. One thing this Council will want to consider is the
Master Plan which will contain a new zoning ordinance which will
blanket the whole city. Once the City has considered this if
certain uses in existence when the new ordinance is adopted they
will be deemed to be non - conforming. They can only exist during
a certain period of time in order to up -grade the zoning. This
459
Council Minutes, May 27, 1963, page 4
is the reason you permit them to go for a period of time and
then they must conform. If a permit is allowed for the new
building a time limit on the use they could remain could be set
so they could conform within a certain number of years to resi-
dential or whatever deemed to be proper for the area. This
Hearing concerns only the building. The use in no way will be
altered, just this building. If he was going to increase the
use so it would make more trucks coming and going, that evidence
would be germain." _
Kenneth Briggs, 6215 Rowland, opposed the request. It was de-
termined that his residence was 12 miles from this location.
Blaine Bender , LDS Church at C3�overly and Broadway, spoke in
opposition to this operation in a residential and church area.
City Manager Woollett requested information from Planning Ad-
visor Cushman, who informed the Council the business was es-
tablished in 1949 and the RA zoning came in in 1953, and that
he can operate as he is for at least a 10 yr. period or more,
or for the lire of the structure with normal maintenance.
Wm. Harker, Ch. of the Planning Commission, stated the feeling
of the Commission was that his kind of use under present zoning
was not desirable in this location based on adjacent useage,
and would require a C -1 zoning.
Rev. Lyman Ellis of the First Methodist Church spoke in favor,
and it was also noted the Catholic Church in the area had not
protested the improvement.
The City Manager advised a protest had been received by telephone
from Mrs. Muelbach, 5603 Heleo.
Councilman Dickason moved to close the Public Hearing, Councilmat
Merritt seconded, -roll call vote to carry as follows:
AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker
NOES: Councilmen-None
ABSENT: Councilmen -None
There followed considerable discussion among the Councilmen -
regarding the improvement and beautification, the traffic con-
dition, and the placing of a time limit for use in conjunction
with grantino the request. Councilman Merritt moved to over-
rule the decision of the Planning Commission and grant the -
variance requested with a 10 year time limit for useage stipu-
lation and to instruct the City Attorney to draw a Resolution
to that effect, Councilman Tyrell seconded the motion. Mayor
Nunamaker spoke his opposition and his support of the Planning
Commission decision. Councilman Tyrell called for the question
and the motion was carried by the following roll call vote:
AYES: Counellmen.Fitzjohn, Merritt, Tyrell
NOES: Councilmen- iickason, Nunamaker
ABSENT: Councilmen -None
13. RESOLUTION NO. 63 -285: Warrants & Demands
Councilman Tyrell moved to adopt Resolution No. 63 -285, Warrants
& Demands Nos. 2620 Through No. 2641, in the amount of $5674.43,
Councilman Dickason seconded, roll call vote to carry as follows:
AYES: Councilmen- Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker
NOES: Councilmen -None
ABSENT: Councilmen -None
14. APPOINTMENT OF REPRESENTATIVE TO CALIF. CONTRACT CITIES ASSN.
Mayor Nunamaker advised since Councilman Tyrell already repres-
ents the City in his position of Treas. of Calif. Contract
Cities Assn., he requested Councilman Merritt to be the Council-
man designated as the City representative, to which he agreed,
and Councilman Tyrell so moved, Councilman Dickason seconded,
and carried.
At this time Mayor Nunamaker introduced a letter from the City
of Baldwin Park regarding a Resolution to the Board of Supervis-
ors protesting against the raise in County taxes For 1963 -64.
Councilman Dickason moved to adopt a similar Resolution, Council
man Tyrell seconded stating the Calif. Contract Cities have also
done likewise, followed by the roll call vote to carry:
AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker
NOES: Councilmen -None
ABSENT: Councilmen -None
460
Council Minutes, May 27, 1963, page 5
COMMUNICATIONS:
15. City Manager'?Joollett presented letters from the L. A. County
Boundary Commission regarding proposed annexations #329 and
#330 City of El Monte, and #4 City of So. El Monte. Council-
man Fitzjohn moved to receive and file, Councilman Merritt se-
conded, and carried.
The City Manager presented a letter from United States Commit-- -
tee for the United Nations requesting October 24th be proclaim-
ed as United Nations Day. Councilman Dickason moved to so
proclaim, Councilman Fitzjohn seconded, carried by the follow-
ing roll call vote:
AYES: Councilmen- Dickason, Fitzjohn, Nunamaker
NOES: Councilmen- Merritt, Tyrell
ABSENT: Councilmen -None
16. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Rev. Lyman Ellis, of the First Methodist Church, reported on
the Community Center Committee, advising following research
they felt a Community Center for all ages was recommended
rather than a Youth Center, with the building to contain an
auditorium, place for Civic Clubs to meet rather than outside
of the City, and various Civic activities as well as the
Senior Citizens. It was estimated such a buildinc would cost
$250,000. and various ways of financing were suggested such as
a bond issue, and also he requested the Council to consider
the amount of $10,000. In the 1963 -64 budget ear- marked for
this purpose. He also suggested a member of the Council and
of the Staff be appointed to sit with this Committee. Mayor
Nunamaker requested Councilman Dickason to represent the City
to which he agreed. City Manager Woollett will appoint someone
from the staff.
Mr. Leonard Taylor, 6373 N. Encinita, asked information regard-
ing the half street dedicated in that area of Encinita, and was
advised by the City Manager that this along with similar situa-
tion were being investigated by the City and hoped to improve -
this condition by contacting the people involved to get dedica-
tion of the area needed to complete the street.
17. MATTERS FROM CITY OFFICIALS:
The City Attorney read title to Resolution No. 63 -287 A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING
EXECUTION OF A CONTRACT FOR ARCHITECT- ENGINEER SERVICES OF
FICKES & FICKES RE DESIGN OF CITY HALL USING EXISTING LIBRARY
FACILITY. Councilman Tyrell moved to adopt, Councilman Merritt
seconded. Councilman Dickason stated he had prepared a state-
ment which he wished read into the record as follows:
"STATEMENT OF COUNCILMAN HOWARD DICKASON CONCERNING THE PROPOS-
AL OF AN ADDITIONAL REMODELING EXPENDITURE OF $112,000. OVER
THE ORIGINAL ACQUISITION PRICE OF $56,000.
I received my copy of the proposed budget last Thursday after-
noon. In it I observed an item calling for $168,000. for a new
City Hall. This surprised me for I knew we had agreed previous,
ly with the County to purchase the existing library building
and site For $56,000. for use as a City Hall. What I didn't
realize was that the changes to the building were going to cost
an additional $112,000.
The same evening we had a closed session to appoint a new
planning commissioner. After this we returned to regular
session to look at the architects plans for the new City Hall.
We all agreed that he has done an excellent job as shown by
the architectural rendering and functional planning. Before
the meeting was adjourned a motion was made and passed that the
Architect and our City Attorney prepare a contract for the
Council's consideration at our meeting tonight. My vote was
461
Council Minutes, May 27, 1963, page 6
was the lone dissenting vote on that decision. My objection was
threefold.
First, it was apparent to me during the meeting that there is an
attitude by some of my colleagues to railroad this through post-
haste before we can get any public reaction. This is such a
major item in the budget that I believe we should give it a•
thorough airing in a meeting with the press and public present.
I don't believe the public or press knew we were going to re-
turn to a regular session after the scheduled executive session'
Thursday nicht. The procedure may have been legal but I object
to it on a matter of principle where decisions of this magnitude
are to be made.
Secondly, there are many needs for expenditures in Temple City
which I don't believe we have had a chance to exchange views on
in public budget sessions. These sessions will be held, I under
stand, in the near future. Since the proposed sum of $168,000.
for a new City Hall represents most of the money available in
the budget, naturally any other projects, no matter how worthy,
must suffer if we commit it before budget sessions.
Third, and perhaps the most compelling reason for deliberating-
about this in budget sessions, is the fact that we would be ex-
panding City Hall space nearly 300 %. Now this does not make
good business sense and i do not subscribe to theory that gov-
ernment should not be run like a business. The library building
as it stands will give us about 10% more space. Isn't there a
possibility that this would suffice for a year or two with minor
modification while the funds could be utilized in a manner in
which the taxpaying citizen of this community could benefit far
more than they would from a beautiful City Hall. I have some
suggestions to make but will make them at budget sessions if it
isn't too late.
Again i leave you with this question. Why do we need a City
Hall nearly three times its present size and why do we need a
Council Chamber twice the size of this one, when we seldom get
more than twenty people to the typical meeting ?"
Mayor Nunamaker advised the regular meeting of May 13, was ad-
journed to May 23, and the press and public were aware of it.
He also commented about the building being in harmony with the
new library and county building.
Councilman Tyrell stated the $56,000. was already committed with.
the County some time ago by virtue of trade of libraries. Any
delay in arriving at a decision naturally delays completion of
any modification and causes the City to pay more rent for the
present location. At present capacity seating in the Council
Chambers is 100, in the new plan 140, so not double the present
space. Also four rest rooms comparing to one now. We have had
occasions when seating was not ample here. He felt the comments
of Councilman Dickason were not well taken as the meeting on
Thursday evening, May 23, was perfectly proper, and actions were
legal.
Councilman Fitzjohn stated he thought Councilman Dickason was
right in watching the tax payers money. However he felt that
possibly in a few years with revenues climbing future Councilmen
might consider building a new City Hall at great expense, and
if this Council modifies this existing library to a City Hall
adequate for say 25 yrs. it would be a good investment.
Councilman Merritt stated it has not been a secret that we were
taking over the old library and remodeling it into a new City
Hall, and he cannot go along with Councilman Dickason's thinking
call vote to carry the motion as follows:
AYES: Councilmen - Fitzjohn, Merritt, Tyrell, Nunamaker
NOES: Councilmen- Dickason
ABSENT: Councilmen -None
462
1
Council Minutes, May 27, 1963, page 6
City Manager 'loollett read a letter from Thomas Lumsdon, Assist-
ant City Attorney, resigning from this position as he is no
longer associated in business in the City. Councilman Tyrell
moved to accept with regret and have a suitable Certificate of
Recognition prepared, Councilman Merritt seconded, and carried.
City Attorney Shatford read title to Resolution No. 63 -286
A RESOLUTION OF THE CITY COUNCIL OF THE C I'TY OF TEMPLE CITY,
CALIFORNIA, APPOINTING WALTER T. SHATFORD 11 AS ASSISTANT CITY
ATTORNEY. Councilman Tyrell moved to adopt Resolution No. 63 -28C,
Councilman Fitzjohn seconded, roll call vote to carry as follows:
AYES: Councilmen-Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker
NOES: Councilmen -None
ABSENT: Councilmen -None
Councilman Tyrell commented in the L.A.Times Gov. Brown made the
statement that -no transportation system can be built without the
aid of the tax- payers. The Contract Cities Assn. indicated that
it could be built without taxation and would be paid out of
fare - boxes, Councilman Tyrell moved to have the City Attorney
draw a Resolution to that effect, Councilman Dickason seconded,,
roll call vote to- -carry as follows:
AYES: Councilmen =Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker
NOES: CouncilmenrNone
ABSENT: Councilmen -None
The comment was made Alweig would build such a system for
$170,000,000. without. taxation.
City Manager Woollett due to the Flood Control storm drain in-
stallation on Baldwin causing some confusion requested permis-
sion to post Not a Thru Street signs on the east side of
Robinhood, and also on the north side of Duffy at Wilmonte. -
Councilman Tyrell so moved, Councilman Fitzjohn seconded, carri-
ed by the Following roll call vote:
AYES: Councilmen-Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker
NOES: Councilmen -None
ABSENT: Councilmen�None
The City Manager read title to Resolution No. 63 -283 A RESOLU-
TION OF THE CITY COUNCIL OF TH E CITY OF TEMPLE CITY, CALIFORNIA,
APPROVING TRAFFIC COMMISSION REQUEST TO STATE DIVISION OF HIGH.-
WAYS FOR APPROVAL OF MARKED PARKING PLAN ON WEST SIDE OF ROSE-- -
MEAD BLVD. BET AEN LIVE OAK AVE. AND LAS TUNAS DRIVE. Council-
man Tyrell moved to adopt Resolution No. 63 -288, Councilman
Fitzjohn seconded; carried by the following called vote:
AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell,Nunamaker;
NOES: Councilmen -None
ABSENT: Councilmen -None
18. ADJOURNMENT:
Councilman Tyrell moved to adjourn to Friday night, May 31, 1963:
at 7:30 P. M. at 7:30 P. M., Councilman Dickason seconded, and
carried. Council adjourned at 10:30 P. M. `.
ATTEST:
Ceti y Clerk
463